Prosecutors give up on Carlos Ortiz as witness against Hernandez

Posted by Mike Florio on February 1, 2014, 9:22 AM EDT

AP

The case against former Patriots tight end Aaron Hernandez may not be as strong as once believed.

Carlos Ortiz, once believed to be the star witness against Hernandez in the murder of Odin Lloyd based on the extent to which information apparently obtained from him was used to support search warrants and arrest warrants, will now not be called as a witness at all. Via the Taunton (Mass.) Daily Gazette, paperwork filed Friday in court indicates that prosecutors view Ortiz as “completely unreliable” based on the fact that his once-damning story has dramatically changed.

As a result, prosecutors could now be attempting the equivalent of a Hail Mary pass.

Via the Associated Press, prosecutors want to review Hernandez’s phone conversations in search of “coded messages” that could show Hernandez was talking about the murder of Odin Lloyd with his fiancee, Shayanna Jenkins, and/or his cousin, Tanya Singleton.

Prosecutors contend Hernandez discussed Lloyd’s murder in cryptic fashion. Topics allegedly included Hernandez’s “belief about his criminal liability” and the “extent of his control over persons charged as accessories.”

Even if that’s what happened, it could be a challenge to use “I took care of that thing”-style remarks to show guilty beyond a reasonable doubt. But that may be all they have, if neither Ortiz nor Ernest Wallace, the two men allegedly in the car with Hernandez and Lloyd before Lloyd was shot to death, will be testifying against Hernandez.

Why don’t the prosecutors just lie like in normal everyday criminal court? you know with the false probable cause statements and police officers saying that the witnesses and or defendant made statements they really didn’t make? where are the unrelated random pretrial drug tests they do to us that are technically unconstitutional? Hernandez is getting it easy compared to everyday people

He is going to beat the murder charge in this case. The prosecuter over charged based on the lack of evidence. Hernandez is an idiot and there is a preponderance of circumstantial evidence, but not enough to convict.

Oh well. I have said since last June that the gun charges are going to be what gets him. 10-15 years on the gun charges alone and that’s going to be all they have against him.

Let’s see what shakes out of the double murder from 2 summers before. That case seems to be stroger.

The only time I eve had a run in with the law the police lied and the prosecutor, who knew they were lying, tried to convict me. Fortunately, I had excellent legal representation and a judge that knew the difference between cops telling a the truth or telling a lie. I walked free that day but so did the cops and prosecutors who cared only about winning, career advancement, and putting very small money in their pocket. There is almost never any repercussions for cops and prosecutors who bend and break the law with virtual immunity (just the loss on their scorecard). Alas, Hernandez might walk it won’t be because the cops and prosecutors didn’t do everything they could to convict him.

No doubt the case had weakened but it is real hard to dismiss the video from the club, the evidence from the scene matching the rental and the attempted destruction of the phone and surveillance camera stuff at the house. Too bad they can’t just charge all of them as accessories and leave murder 1 uncharged for now. It seems the only thing unknown is who actually pulled the trigger

The day he was arrested I said he’d be found not guilty and would miss two seasons. The cops never provided a murder weapon. And what is the motive? Hernandez was trying to shut Lloyd up because he knew about the double murder? The double murder that Hernandez isn’t charged with? The one that the DA would never be allowed to mention in court? So, no motive, no weapon and no witness. Hernandez clearly is guilty of something, but the whole process has been botched.

“The only time I eve had a run in with the law the police lied and the prosecutor, who knew they were lying, tried to convict me. Fortunately, I had excellent legal representation and a judge that knew the difference between cops telling a the truth or telling a lie. I walked free that day but so did the cops and prosecutors who cared only about winning, career advancement, and putting very small money in their pocket. There is almost never any repercussions for cops and prosecutors who bend and break the law with virtual immunity (just the loss on their scorecard). Alas, Hernandez might walk it won’t be because the cops and prosecutors didn’t do everything they could to convict him.”

If your lawyer was as good as you say and the judge KNEW the police were lying, your course of action could have been wrongful prosecution, personal damages, and then a trial for perjury for every officer/person that testified against you and lied. Your story seems kinda bogus to me.

As far as Hernandez goes, when will people wake up and realize there is more than one version of justice. There is the justice for the common person, justice for the people that have money, and then justice for those in positions of power.

Another case of a Prosecutor over charging on a high profile case. They should have taken one look at this clown and realized he would never stand up in court. Even if his story hadn’t changed pre-trial, Hernandez’s high priced attorney would have shredded him on cross-examination during the trial.

Not saying he didn’t do it. But it’s not about what you think you know, it’s about what you can prove.

Maybe Scooby, Shaggy, Velma, Daphne, and Fred can all walk around and pull the many masks off of Hernandez and find out that it was really Old Man Winters that owned the “haunted” Bagel Shop down the street that really did it.

They can still get him on gun charges even if the murder case falls apart.

However he’d obviously serve far less time for that, maybe even time already served and nothing more.

The other concern is if they prosecutor fails on the murder case, will the defense attorneys succeed in getting the guns thrown out because they never would have had probably cause to search his home solely for guns.

If he’s not convicted I don’t see how Goodell can ban him. Possibly suspend him for a season or part of one for being involved in this, but not a permanent ban.

This is not news the case was circumstantial at best. Never had any evidence. Where’s the murder weapon..I guess still at the bottom of a pond. What a joke!!! Pouncey’s should rock a shirt that says “told you so”!!

“Your course of action could have been wrongful prosecution, personal damages, and then a trial for perjury for every officer/person that testified against you and lied.”

. . . and how many of those such cases have you seen filed and what percentage have won? I got my day in court and won. That’s no small feat. Do you have any idea how many innocent people are in jail because they were either wrongfully convicted or agreed to a plea to avoid an even longer sentence? Do you live in the real world?

It didn’t surprise me that the cops lied and the prosecutor tried to win, it surprised me that my lawyer knew they would before they did. There was never a question in his mind that the cops would lie and that the prosecutor would over charge. We chose to let the judge decide the case and not a jury in large part because the clerk, looking at the facts and pleadings, advised us that we wanted someone that wouldn’t be blinded by the uniform assessing guilt or innocence.

What I did took courage and to this day is one of my proudest moments.

Wonder how many prison guards have more money in their pocket for the letters and notes Hernandez wrote that went out the back door. He is still pulling string from in jail and bribing or intimidating people to get events, evidence and stories changed. This case is slowly disappearing thanks to Aaron’s money.

Wonder how many prison guards have more money in their pocket for the letters and notes Hernandez wrote that went out the back door. He is still pulling string from in jail and bribing or intimidating people to get events, evidence and stories changed. This case is slowly disappearing thanks to Aaron’s money.

If they can’t get him on murder, he will do double digit jail time for the weapons charges. Weapons charges that it seems may bring both Pounceys into the Cuffs and Courtroom Parade. Print you Free Pounceys T Shirts now so you can sell them as soon as that shoe drops.

I think Hernandez is convicted of murder. There is no question he was involved and he is most likely a trigger man. They have cell phone records that place Hernandez in the car with the victim before the crime. The police also seem to have a motive – the victim talked about other muders that Hernadez was involved in with strangers. Allegedly.

How can someone walk if he is known to be with a victim at a remote location when the crime is committed. What is Hernandez’z defense? The victim got picked up late at night and then got a ride to the location so he could shoot himself multiple times with multiple guns with Hernandez watching.

Wow – the repercussions if he walks. Potential to be back in the league (Goodell & Kraft will love that!), unless the gun charges put him away long enough.

Pats will have to pay the complete balance of guaranteed $$, and will get no cap credit. And of course the prosecution’s people essentially end their political careers. And, the defense team will get even richer (than they already are) down the road.

If he somehow gets out of murder and gun charges, he won’t be back in the NFL anytime soon. Goodell doesn’t need to prove anything, he can indefinitely suspend Hernandez for conduct detrimental to the league. Still, I am hoping they nail him on both counts on this case and eventually get him on the 2 other cases.

ampats says:
Feb 1, 2014 10:47 AM
For those who think he will walk do not know Massachusetts law.

As a lifelong Mass resident I have seen the state bungle so many major cases it isn’t funny. Does the name Annie Dookhan mean anything to you? A gun in MA will get you a year which he has already served Hernandez will be out in time for Raider’s training camp.

I think Seal Team 6 just needs to be called for on this…. Have them raid the jail where Hernandez and his worthless cronies are staying, and just be done with them once and for all.

If he get’s off, I know I wouldn’t want him on my team. The guy is a waste of oxygen. Proof or not that he did it. He was involved in these murders to some extent! Do you really want him on your team after that? Guys like that don’t deserve to be ones that are in positions of fame and money.

Some people are mentioning prison time of quite a length regarding weapons. Is this a penalty simply for possessing them as unregistered guns or for some kind of act he carried out such as threatening with a gun, or pistol whipping, or what? Can somebody explain?

I doubt any of these guys are geniuses, but it probably wouldn’t make much sense for them to cooperate. I doubt they are terrified of the probability of whatever increased punishment they might face. I just don’t see much leverage, even dealing with guys who are not the brightest bunch. That might even work in their favor.

It’s sad to live in a society where an obviously guilty man has so many options and the courts so few. Who else killed this man? He died while with Hernandez after Hernandez stopped off to pick up his gun. His now missing gun. This should be a slamdunk but not in America, land of the free criminals.

Gotta love the irony of Manning leaving a pathetic Colts franchise that intentionally threw games for Elway and the mile high city. Almost thirty years earlier Elway shunned the laughingstock Colts by refusing to play for them and forced his way out of town for the mile high city. Soon after the Colts shunned their own fans and fled Baltimore for Indy. But not before Morrall, Unitas and the ponies choked away SB III and handed the Jets their only title.

Does this mean Old Bill and Tommy may pay a visit. I can just hear the conversation. DA? Sorry we haven’t visit we thought you were going be found guilty. Now that there is a chance you may be walking “hello old buddy”

For all of those saying he will be signed by an NFL team in the near future…
IF the prosecutors are not able to convict him on murder, they WILL run rampant with the gun charges. So expect him to be sitting in prison for the next 5-7 years. By then, he will be too old to suit up for a game.

What a country . . . people don’t care that cops lie and that prosecutors overcharge to gain leverage that allows them to force deals on the accused. Why? Because the majority believe those abuses of power won’t be used against them and will only used against “those people”. Well, it can happen to you and the people you love if the circumstances present themselves. In reality, we are all “those people”. It was over twenty years ago that I was arrested, a white businessman with advanced degrees, working for one of our countries top companies. My first lawyer suggested I plead guilty. I friend, a court stenographer, told me that was crazy and recommended a great lawyer who wouldn’t let me plead guilty to a crime I didn’t commit. All you law and order types, I can tell you that will go out the window when they come after you and you see first hand that courts are a coliseum of gladiators, not a search for truth. That’s when you will find out how tough you really are, especially when you are waiting for the verdict to be read.

If this case ends up like the O.J. or Casey Anthony cases, it will be only a matter of time before the Ravens sign Hernandez and make him the new face of the franchise. He then “finds God” and uses God as a shield to deflect every question on the case or his character for the rest of his career, just like Ray Ray. By the way Ray, what happened to the bloody suit, and how much money did you pay the families in the settlement? Of course, everyone understands that “innocent” men always payoff families with big settlements, right? Shame on you Ravens.

Hmmmmm, is anyone else believeing a word coming out of this guys mouth?

I’m white trash and don’t even have my high school diploma that why I had to join the military. So maybe I’m not the best to be commenting on this but…..what the hell is advanced degrees? Don’t you mean like a doctorate or a masters or something? Your story sounds really vague, are you sure your not just rambling on because really deep down you want this guy to go free for murder so your pats can have a good player back! That’s what I’m seeing here. What do I know! I don’t even have my high school.

Not sure why so many seem to think the prosecution has to prove that AH pulled the trigger in order to be convicted of murder. I don’t know Mass. law but in most states anyone who participates in any way in a murder can be convicted of murder (loose paraphrase), e.g. if a shooter kills a store clerk in the course of a robbery the driver of a get-away car can be convicted of murder even though he never went in the store.

Yes that correct, white trash, not educated, a member of the military. Does that anger you? If so which part? The white trash part? Being brought up in a poor family is the best thing that could of ever happened to me. For one, I don’t believe someone can even know what true happiness is, unless you’ve had nothing. You probably think happiness is success in money, in buissness , owning a nice car. If you were “WHITE TRASH” you’d understand what true happiness is your family, your friends, are truly the only thing that actually matters and brings you happiness.

Are you upset with the uneducated part? I’m sorry that I found school extremely boring and due to my poor upbringing, I was allowed to do whatever I pleased with regards to school growing up. If you believe intelligence is related to education, I feel sorry for you. The stupidest people I know are educated. The sad thing is they think thing a piece of paper on a wall proves their intelligent!

The military member part? Well fortunately in Canada they actually pay their military member very well. After 4 years of service you make around 60 G a year. Not bad for someone without a high school diploma. You might be suprised by how many members of the military are uneducated, but we do get our fair share of appreciation from the masses for doing what we do.

For those reasons I will always be proud to call myself “WHITE TRASH”. Good attempt at a dig though but unfortunately, unlike you I will never be insulted by some chirp from someone hiding behind a keyboard. I’m more mentally tough than that. If your going to revert to calling me names, at least call me something I didn’t call myself 🙂
C’mon man! Rule number #1 man, didn’t you watch 8 mile?

If he is found to be not guilty by a jury of his peers then a team SHOULD sign him. Guilty is guilty, not guilty is not guilty. I agree that the evidence supports a guilty verdict but I do not believe that a person should be persecuted if the courts find them not guilty.